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Rules for filling out an employment contract with an employee sample. How to correctly fill out an employment contract using a sample and what are the components of a standard document? How to draw up an employment contract with an employee

An employment contract is a legal agreement between an employer and an employee. The only document on the basis of which labor law comes into force is its basic norms.

Form of employment contract for employment in 2019

The employment contract specifies the conditions that will accompany the employee’s work activity, the relationship between the employee and the employer on the basis of labor legislation and the internal regulations of the employing organization.

Types of employment contracts

Employment contracts can be concluded:

for a certain period (no more than five years) or to perform certain work (urgent);
for an indefinite period (indefinite - the same as being hired for a permanent job).

As a general rule, an employment contract must be concluded for an indefinite period. The following agreement is considered the same:

if it does not indicate the period of its validity;
if at the end of the term of the fixed-term contract it was not terminated and the employee continues to work;
if a fixed-term contract is concluded without sufficient grounds.

A fixed-term employment contract is concluded when the assigned work activity is short-term (seasonal, for example), or such a contract cannot be concluded for an indefinite period. Such cases are stipulated by law.

A fixed-term employment contract can be drawn up:

when someone is hired instead of a temporarily absent employee, whose position is retained;
for seasonal work;
when work is expected in areas of the Far North and equivalent areas, if this involves relocation;
to prevent or eliminate the consequences of disasters, epidemics and the like;
if the employee gets a job in a small business organization (up to 40 people), retail trade, personal services (up to 25 people) or an individual;
to work abroad;
to carry out temporary work unusual for a given enterprise (commissioning, installation of equipment, expansion of production, etc.);
with pensioners, as well as people whose health conditions require temporary work;
with a referral to temporary work (including public work) from the employment service;
some other cases.

Contents of the employment contract, conditions of conclusion

They can be divided into essential and optional.

Essential – mandatory conditions, in the absence of which the employment contract will not be considered concluded and labor relations will not arise.
Optional – additional, the presence or absence of which does not affect the conclusion of the contract; these special conditions are included in the employment contract according to the need, desire and consent of the parties.

A sample of a standard employment contract should contain:

Place of future work (name of the organization; if the employee is accepted into a structural unit, then its name and address).
Start date of work (usually this is the date specified in the contract; if the employee began his duties at the request of the employer earlier than the agreed date, the actual date of start of work is stated in the contract).
Job functions of the employee, according to his specialization, profession in accordance with the staffing table of the enterprise. If there is no such position in the qualification directories, the organization has the right to introduce it and describe it in detail; but here it is necessary to take into account that the benefits or restrictions provided for specialties and professions are associated with the titles of positions that are in the qualification directory of the Russian Federation.
Rights and obligations of the parties. It is more expedient to describe them specifically - regarding the employee’s position and his labor functions in the organization.
Working conditions: this applies to hard, dangerous or harmful work. This paragraph specifies the benefits and compensation provided. Also, for employees of special categories (under 18 years of age, nursing mothers and others) an individual contract is drawn up with a lighter regime of work and rest.
Remuneration. Here, in addition to the salary, allowances, additional payments, bonuses, etc. are stipulated - all this is established in accordance with the current legislation and the internal charter of the organization.
If an organization insures its employees, the types (medical, pension) and conditions of this insurance related to the employee’s work activity are separately indicated.

In addition to the mandatory ones, you can include additional clauses in the employment contract, for example, on a probationary period, non-disclosure of any information, additional incentives for any labor achievements, etc. The main condition is that these additions do not in any way worsen the employee’s position regarding labor code.

Employment contracts are drawn up in two copies and signed by both parties.

A standard employment contract for microenterprises is a special form of employment contract, which is approved at the government level. In the article we will talk about the features of such an employment contract: what it is, which companies are allowed to enter into them, how to fill it out, what are the advantages and disadvantages, and whether this will really help reduce the burden on SMEs - administrative and documentary.

Since January 1, 2017, a standard form of employment contract with a micro-enterprise employee has appeared in Russia. Its form and procedure for registration are approved by Government Decree No. 858 dated August 27, 2016. This standard form is notable, first of all, for the fact that microenterprises can replace all personnel documents with it. This is provided for by the norms of Federal Law dated July 3, 2016 No. 348-FZ. There is no need to write hiring and dismissal orders; you don’t need to develop various forms for personnel, but replace them with just one form of employment contract developed by officials. How convenient is this?

Micro-enterprises and other employers: who can use the standard form of an employment contract with an employee

It was initially assumed that the sample 2019 standard employment contract would be intended for micro-enterprises. This status is given to organizations and entrepreneurs that employ no more than 15 people and whose income for the past year was no more than 120 million rubles. All micro-enterprises that decide to use the standard form are exempt from other personnel documents. In particular, they may not amount to:

internal regulations;
wage regulations;
bonus regulations;
orders for hiring and dismissal.

All necessary criteria, rules and other conditions can be specified directly in the employment contract with the employee. In order to introduce such a procedure for personnel document flow in an organization, it is enough to simply record the use of a standard form in the order. But can this form be used by other organizations that do not fall into the micro category? Of course yes.

Moreover, the standard form can save them from possible fines under Article 5.27 of the Code of Administrative Offenses of the Russian Federation, which provides for liability for “evasion of formalization or improper execution of an employment contract or the conclusion of a civil law contract that actually regulates labor relations between the employee and the employer.” But the standard form of an employment contract includes all the necessary conditions. Article 57 of the Labor Code of the Russian Federation, which regulates the requirements for employment contracts between employers and their employees. There is only one important “but”: this document does not relieve anyone except micro-enterprises from the obligation to prepare all other personnel documentation.

Mandatory provisions of an open-ended employment contract

According to Article 57 of the Labor Code of the Russian Federation, they are:

employer details and full name employee;
employer's TIN and employee's passport details;
indication of the place of conclusion of the contract and the date, as well as the place of work;
information about what kind of work is to be performed (name of position (profession) and job responsibilities);
deadline for starting work;
size and terms of salary payment (indicating specific dates and place of payments);
work and rest schedule;
information about social insurance;
information on working conditions based on the results of a special assessment;
additional conditions, if necessary (if working conditions are recognized as harmful or dangerous, appropriate compensation should be prescribed; if the nature of the work is specific, indicate what kind of work it is).

What cannot be included in an employment contract:

You cannot enter into a fixed-term employment contract without compelling reasons.
It is impossible to combine the main job and part-time work in one employment contract (such part-time work is not prohibited, but there must be 2 different contracts for this).
An employment contract cannot establish a labor regime that violates the provisions of the Labor Code (for example, oblige a minor to work 40 hours a week).
It is impossible to include in an employment contract a condition on the payment of wages below the minimum wage (or not to take into account “northern allowances”).
It is impossible to specify only one date per month in the terms of payment of wages.

Sample of a standard employment contract with an employee 2019 and the procedure for filling it out

The full form of a typical employment contract between an employer and an employee includes many different situations and wording. However, the organization has an excellent opportunity to leave in the form only the information that is necessary to work with a specific employee. Anything unnecessary can simply be removed. This standard employment contract is unique in that officials have included correct wording in it that complies with the norms of the Labor Code of the Russian Federation for all possible situations. It even has sections that cover remote and home workers. The only thing that is not provided for by this document is the employment of foreign citizens. In fact, legislators have placed many types of employment contracts in one form.

So, the decision to use the standard form has been made and now it must be filled out correctly. Let's look at this procedure in more detail, and then you can download a free sample employment contract 2019. The approved standard form contains as many as 38 points, combined into 11 chapters. Since we have already figured out above that in each specific case only some of them will be needed, let’s talk about filling out the most important parts of the standard form that apply to most employees.

For example, let’s look at how a micro-enterprise can draw up employment contracts in 2019: a sample will show an agreement with the manager of the sales department. The step-by-step instructions that we ended up with look like this:

Step 1. The “General Provisions” section is required to be completed in all cases. It should indicate the full name of the employer and its address, as well as the last name, first name, patronymic and position of the future employee.

In addition, if necessary, the test period established for the new specialist, as well as the nature of his work: main or part-time, is also indicated here. In the same chapter, you should indicate the period for which the employment contract was concluded, if it is fixed-term. This information is additional and must be filled in if necessary. It is also necessary to indicate at what point the employee begins work. And also note where his workplace will be located, or note the traveling nature of the work. For example, in our case, a sales manager must travel around the city to conclude sales transactions with clients. If the work does not have any special features, you can indicate that “the employee does not have a special nature of the work.”

When hiring a home worker, you will need to fill out clause 9.1 or 9.2 in the “General Provisions” section. They need to provide a list of equipment that such an employee will use, as well as the procedure and timing for providing him with the necessary materials for work (if he needs them). You can also provide for the payment of compensation for the use of personal property for business purposes and indicate its amount and payment deadlines. In the case of remote employees, it is very important to indicate the length of work and rest time.

Step 2. The section “Employee Rights and Responsibilities” specifies exactly what job functions the new specialist will perform. Typically, this part of the form remains with the standard terms, but the employer may indicate specifics at the end of each subsection.

Step 3. Section “Rights and Responsibilities of the Employer”. Similarly, with the second section, you can leave all the points proposed by officials, and also, if necessary, add your own. For example, indicate what tools and equipment the employee will be provided with.

Step 4. Section “Employee remuneration”. This is a very important part of the document and special attention must be paid to it if the organization has refused to accept the wage provision. Here it is necessary to specify in detail what the salary consists of. A standard employment contract provides for several types of payments, next to each of which you must indicate the amount:

official salary;
compensation payments (for work in hazardous conditions, use of personal transport, etc.);
incentive payments (bonuses and incentives);
other payments.

In addition to the amount, you must indicate the conditions for receipt and frequency. Also, the employment contract must define specific terms for payment of wages and methods for receiving them.

Step 5. Section “Working time and rest time of the employee.” Here you need to write about the length of the working day, rest time, weekends and vacation. Only fill in the lines that are necessary.

Step 6. Section "Occupational Safety and Health". Here you should indicate the working conditions established for the employee, and also note the mandatory and frequency of medical examination. If an employee is required to wear personal protective equipment, you must indicate which ones.

Step 7 Section “Social insurance and other guarantees”. This section is filled out when paying an employee for training, a voluntary health insurance policy, compensation for the cost of rental housing, vouchers to sanatoriums and other social guarantees.

Step 8 The section “Other terms of the employment contract” is very short. Most often, its completion is required when employing homeworkers or when concluding an agreement with an individual entrepreneur. Here you can also specify the grounds for terminating the relationship between employee and employer, other than those provided for Labor Code of the Russian Federation.

Step 9 The section “Changing the terms of an employment contract” usually contains general information that changes to the terms of an employment contract can only be made by agreement of the parties. As a rule, nothing needs to be changed or supplemented.

Step 10 The section “Responsibilities of the parties to an employment contract” also contains standard conditions suitable for most cases.

Step 11 Section 11 "Final Provisions". Here the employee must sign all the rules and regulations with which he is familiar. These include a collective agreement (if there is one), job responsibilities, initial briefing on labor protection and civil defense, various instructions and routines. At the end, the full details of the employer and employee must be indicated and the signatures of both parties to the contract must be indicated. The employee must also sign that he has read the entire text of the contract and has received its second copy.

We talked about what kind of employment contract can be concluded with an employee: the 2019 sample shows all the stages of working on the document step by step. A unified employment contract (form) will optimize the work of the HR department not only in micro-enterprises, but also in other organizations. The main thing is to monitor all changes in legislation in a timely manner and make the necessary adjustments to the document as needed when hiring new employees. A sample employment contract with an employee 2019 can help with your work (variants of contracts with different specialists were prepared by PPT experts).

Article 5.27 of the Code of Administrative Offenses of the Russian Federation, for violations in the field of labor relations, the amounts of fines are:

for the head of the enterprise - 10,000-20,000 rubles;
for a legal entity - 50,000-100,000 rubles;
for individual entrepreneurs - 5,000-10,000 rubles.

An employment contract is a written agreement between the parties, one of whom will act as the employer, the other as the employee.

The agreement will set out the main points of the parties’ legal relations:

place of work,
salary size,
work schedule,
job responsibilities and other aspects.

Much will depend on how competently and accurately the contract is drawn up. An agreement that goes against the basic requirements of the law may be declared invalid, and this, in turn, will lead to a lot of trouble for both the employee and the company.

Employment contract: completed sample

At the beginning of the employment contract, its parties are indicated: the employee’s full name and the name of the employer’s organization. The employment agreement must contain the following mandatory clauses:

Place, start date of work.

The name of the company or its structural unit where the employee will be enrolled is indicated as the workplace. Without his consent, transfer to another place will be impossible.
The date of work will be considered the day from which the employee began to perform his immediate duties. If an employee does not go to work without good reason within 7 days from the date of signing the contract, the contract with him may be terminated. The fixed-term contract will also indicate the expiration date of the contract.

Job title that corresponds to the staffing table.

Working conditions, their description. In cases where employees are employed in harmful and difficult working conditions, the establishment of benefits and compensation, which are also prescribed in the employment agreement.

Probation. This describes the length of the probationary period, if one is assigned to the employee. Can be appointed for no more than 6 months for employees in management positions, no more than 3 months for all others. With an employee who has not completed the probationary period, the contract may be terminated, of which the employee must be notified 3 days in advance, indicating the reason for termination of the agreement.

A probationary period is not assigned to pregnant women, minors, or employees who were invited to a position as a transfer

The test is not assigned to graduates of universities and other educational institutions employed.

Salary amount. The contract clearly states the amount of payment and the payment procedure. Local acts are indicated that regulate the payment of bonuses, allowances and various other incentive payments. The law requires that wages be paid at least twice a month.

Time for work and rest. The length of the working day and the number of days of annual paid leave must also be reflected in the contract. The provision of additional leave is indicated when an irregular working day is expected.

Responsibilities of the employee. Here you should describe all the functions of the employee, the work that he will be required to perform.

Rules that determine the nature of work, as well as social insurance. The contract must include mandatory clauses that relate to activities for:

accident insurance,
payments in case of occupational diseases,
pension insurance, in cases of pregnancy and childbirth, temporary disability.

Details, signatures.

The employee's last name, first and middle name, passport details, actual residence address, telephone number are indicated.
On the employer's part, it is necessary to indicate the name of the company or organization, its registration data, address, telephone number.

The employment agreement is signed by the head of the organization or another person who has the appropriate authority

The signature must be sealed. One copy remains with the employer, the other is given to the employee.

According to the signed labor agreement, the employer will be obliged to provide work and ensure the working conditions specified in the contract, pay wages in full and exactly on time.

The employee, for his part, undertakes to conscientiously fulfill the duties assigned to him and follow the rules established by the company.

To draw up an employment contract, you will need a number of documents.

The employee must provide a passport, document confirming education, SNILS, military ID, work book.
If an employee gets a job for the first time, the employer is required to create a work book.
Depending on the position to which the employee is appointed, a medical record and various types of certification documents may be required.
Many organizations require the provision of a TIN, although this requirement is not enshrined in the Labor Code.

Main aspects of drawing up an employment contract, its types

The contract can be concluded with persons over 16 years of age. With parental consent, the age limit can be reduced to 14 years.

The agreement is concluded in writing, two copies are drawn up.

The standard form of an agreement is not fixed by law, therefore firms and organizations have the right to develop their own forms of agreements.

An important condition must be met - the employment contract, in principle, should not limit or infringe on the rights of the citizens who enter into it

The employee’s consent to worse working conditions will not matter: the employer does not have the right to violate established standards.

Types of employment contracts
Employment contracts can be indefinite (concluded for an indefinite period), as well as fixed-term for up to 5 years (with clearly defined validity periods and reasons for termination of the contract).

In most cases, an open-ended contract is concluded. If the contract does not specify the duration of its validity, then it will also be considered unlimited.

A fixed-term contract can be concluded if the work is intended to be performed for a specific period of time and the conclusion of an open-ended contract is impossible.

For example, this could be seasonal work or commissioning work. At the same time, it is legally prohibited to enter into a fixed-term contract with an employee, while pursuing the goal of limiting the employee’s rights.

If, after the expiration of the term of the fixed-term contract, none of the parties proposed to terminate it, then such an agreement acquires the status of being concluded for an indefinite period.

Employment contracts can be concluded both at the place of permanent main work and part-time work. A part-time contract implies that the employee will perform certain work during his free time from regular work.

Maybe

internal part-time job (employer of main job)
external part-time job (other employer).

You can also conclude an agreement with a legal entity or an individual.

After signing the employment agreement, an employment order is issued, which must be presented to the employee against signature

The order will contain the information reflected in the contract:

employee's surname, first name and patronymic,
date of commencement of duties,
job title,
amount of payment.

It is this order that becomes the basis for calculating the employee’s salary.

Sample of a standard open-ended contract

Sample part-time agreement download, free,

Sample of a standard fixed-term contract

Download the 2016 employment contract form. Download the form of the employment contract between individual entrepreneurs and employees, 2016. Download the employment contract form with a probationary period of 2016. View a sample of filling out employment contracts.

An employment contract is a legal agreement between an employer and an employee. The only document on the basis of which labor law comes into force is its basic norms.

Types of employment contracts

Employment contracts can be concluded:

for a certain period (no more than five years) or to perform a specific job (urgent)
for an indefinite period (indefinite - the same as being hired for a permanent job)

As a general rule, an employment contract must be concluded for an indefinite period. The following agreement is considered the same:

if it does not indicate the period of its validity
if at the end of the term of the fixed-term contract it was not terminated and the employee continues to work
if a fixed-term contract is concluded without sufficient grounds.

A fixed-term employment contract can be drawn up:

when someone is hired instead of a temporarily absent employee, for whom the position is reserved
for seasonal work
when work is expected in areas of the Far North and equivalent areas, if this involves relocation
to prevent or eliminate the consequences of disasters, epidemics and the like; if the employee gets a job in a small business organization (up to 40 people), retail trade, personal services (up to 25 people) or an individual
to work abroad; to carry out temporary work unusual for this enterprise (commissioning, installation of equipment, expansion of production, etc.)
with pensioners, as well as people whose health conditions require temporary work
with a referral to temporary work (including public work) from the employment service
some other cases

What documents should a new employee present when applying for a job?

When applying for a job, a person must present certain documents to the HR employee. Here is their list:

passport or another identification document. For example, a birth certificate for persons under 14 years of age, a foreign passport for Russian citizens permanently residing outside its territory
work book (except for part-time workers and those entering work for the first time)
insurance certificate of state pension insurance (except for those entering work for the first time)
military registration documents. For those liable for military service in the reserve - a military ID or a temporary certificate issued in exchange for a military ID, and for conscripts - a certificate of a citizen subject to conscription for military service (clause 18 of the Regulations approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719)
document on education, qualifications or special knowledge (if the job requires special knowledge or special training)
certificate of presence (absence) of a criminal record or criminal prosecution (if the work is related to activities to which persons who have or have had a criminal record are not allowed, for example, teaching activities) (Article 331 of the Labor Code of the Russian Federation)

This is stated in Article 65 of the Labor Code of the Russian Federation.

Documents that are not on this list can be requested only in cases provided for by law. For example, if a company hires an employee to work in harmful or dangerous working conditions, he must submit an appropriate conclusion based on the results of a preliminary medical examination, signed by a doctor and certified by the seal of a medical institution (Article 213 of the Labor Code of the Russian Federation).

In practice, the question often arises: is it possible to hire a Russian citizen who does not have registration at the place of residence and a certificate of assignment of a TIN? Yes, it is possible. Lack of residence registration is not is an obstacle to hiring an employee. Moreover, it is prohibited to refuse an applicant on this basis (Part 2 of Article 64 of the Labor Code of the Russian Federation). This point of view is confirmed in paragraph 11 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

The certificate of assignment of an individual tax number (TIN) is not mentioned in Article 65 of the Labor Code of the Russian Federation as a document required when hiring. Therefore, as a general rule, there is no need to demand it from the employee. However, in some cases, the presentation of the TIN by an employee is a mandatory condition for his employment. For example, such a requirement applies to the conclusion of a service contract with a civil servant (Article 28 of the Labor Code of the Russian Federation, clause 6, part 2, article 26 of the law of July 27, 2004 No. 79-FZ).

Another important question: is it possible to refuse to hire a citizen who does not have a pension insurance certificate?

No, you can't. When applying for a job, a citizen must present a pension insurance certificate (paragraph 4, part 1, article 65 of the Labor Code of the Russian Federation). However, there may not be a certificate if a citizen goes to work for the first time or if he has lost this document.

In the first case, the company is obliged to independently issue a pension insurance certificate for a new employee.

In the second case, the citizen had to independently apply for the restoration of the certificate due to its loss to the branch of the Pension Fund of the Russian Federation at the place of residence. Within a month from the date of filing such an application, he must receive a duplicate of the insurance certificate of the insured person. This procedure for restoring the insurance pension certificate is specified in paragraphs 5, 6 of Article 7 of Law No. 27-FZ dated April 1, 1996 and paragraph 22 of the Instruction approved by Resolution of the Board of the Pension Fund of the Russian Federation dated July 31, 2006 No. 192p.

If a citizen has not applied to the Pension Fund office with the specified application, the organization can hire him and independently issue him a duplicate of the lost certificate (Clause 5, Article 7 of Law No. 27-FZ of April 1, 1996).

Documents submitted by a newly hired person must be copied and stored, for example, in the employee’s personal file. There may also be a work book, an employment contract, an order for employment and all subsequent orders relating to the employee.

What documents should the HR department prepare for a new employee?

When hiring:

the employee usually writes a statement
the employee and the company administration enter into an employment contract
the head of the company issues a hiring order

In addition, before concluding an employment contract, the employee must be familiarized (with signature) with the Labor Regulations (how to draw up this document, see page 106) and other internal documents regulating labor activities. In particular, these are:

job description
safety instructions

To familiarize the employee with these documents, fill out a sheet of familiarization with local acts.

In addition, a personal card in form No. T-2 is issued for the newly hired employee.

If an employee gets a job for the first time, the company must issue him a work book and issue an insurance pension certificate (Part 4 of Article 65 of the Labor Code of the Russian Federation).

Employment contract with employees for 2016

An employment contract is the main document that confirms the existence of an employment relationship between an employee and a company. In case of disputes, each party has the right to refer to the conditions that the parties agreed upon in the employment contract.

When hiring a new employee for a permanent job, indicate in his employment contract a specific salary amount (tariff rate) in rubles. It is inappropriate to write down the phrase “the employee’s salary is set according to the staffing table” in the employment contract.

The fact is that if you make such a reference to the staffing table in the employment contract, it will become an integral part of this employment contract. In such a situation, each time you will have to familiarize the employee, against signature, with the staffing table and all changes in it.

In addition, difficulties may arise with issuing an order to hire an employee, since the lines of form No. T-1 “with the tariff rate (salary)”, “allowance” are designed specifically for recording in numbers. The same applies to filling out form No. T-1a.

An important nuance: an employment contract is also one of the documents that confirms the validity of labor costs. And not only salaries, but also other payments to the employee, which, according to Article 255 of the Tax Code of the Russian Federation, must be provided for in the employment contract so that their amount can be taken into account when calculating income tax.

Document form

Concluding an employment contract in writing is mandatory (Part 1, Article 67 of the Labor Code of the Russian Federation). The agreement must be drawn up in two copies. After signing, one copy of the employment contract is given to the employee, the other remains with the employer.

Contents of the employment contract, conditions of imprisonment

They can be divided into essential and optional.

Essential - mandatory conditions, in the absence of which the employment contract will not be considered concluded and labor relations will not arise
Optional – additional, the presence or absence of which does not affect the conclusion of the contract; these special conditions are included in the employment contract if necessary, desired and agreed upon by the parties

A sample of a standard employment contract must contain:

Place of future work (name of organization; if the employee is accepted into a structural unit, then its name and address)
Start date of work (usually this is the date specified in the contract; if the employee began his duties at the request of the employer earlier than the agreed date, the actual date of start of work is stated in the contract)
Job functions of the employee, according to his specialization, profession in accordance with the staffing table of the enterprise. If there is no such position in the qualification directories, the organization has the right to introduce it and describe it in detail; but here it is necessary to take into account that the benefits or restrictions provided for specialties and professions are associated with the titles of positions that are in the qualification directory of the Russian Federation
Rights and obligations of the parties. It is more expedient to describe them specifically - regarding the position of the employee and his labor functions in the organization
Working conditions: this applies to hard, dangerous or harmful work. This paragraph specifies the benefits and compensation provided. Also, for employees of special categories (under 18 years of age, nursing mothers and others) an individual contract is drawn up with a simplified work and rest regime.
Remuneration. Here, in addition to the salary, allowances, additional payments, bonuses, etc. are stipulated - all this is established in accordance with the current legislation and the internal charter of the organization
If an organization insures its employees, the types (medical, pension) and conditions of this insurance related to the employee’s work activity are indicated separately.

Employment contracts are drawn up in two copies and signed by both parties.

Numbering of employment contracts

In practice, the question often arises: is it necessary to number employment contracts? The legislation does not contain a clear answer to this question.

Mandatory information that an employment contract must contain is listed in Article 57 of the Labor Code of the Russian Federation. An employment contract concluded with an athlete or coach must additionally contain the mandatory conditions listed in Article 348.2 of the Labor Code of the Russian Federation. The employment contract number is not required information.

At the same time, some unified forms of documents for recording labor and its payment provide for the numbering of employment contracts (for example, form No. T-1, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). Therefore, in order to correctly fill out documents, it is advisable to assign numbers (numeration) to employment contracts.

The procedure for such numbering is not regulated by law. Therefore, the organization has the right to develop it independently. In practice, a system is used in which the number of the employment contract consists of its own contract number and numbers indicating the month (year) of its conclusion (for example, an employment contract concluded in March 2011 is assigned the number 16/03, where 16 is the serial number of the contract, 03 - month of conclusion of the contract). Such clarifications are given in the letter of Rostrud dated August 9, 2007 No. 3045-6-0.

Sample employment contract for employment in 2016

Sample employment contract between individual entrepreneur and employee

Sample employment contract with probationary period

Form of employment contract for employment in 2016

Form of employment contract between individual entrepreneur and employee

Form of employment contract with probationary period

Employment contract 2019 sample free download with employee, individual entrepreneur form

04.04.2019

The concept of “Employment contract” and “Parties to the employment contract” is defined in Article 56 of the Labor Code of the Labor Code of Russia (LC RF). Employment contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the specified labor function, to provide working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and this agreement , pay the employee wages on time and in full, and the employee undertakes to personally perform the labor function determined by this agreement in the interests, under the management and control of the employer, to comply with the internal labor regulations in force for this employer.The parties to the employment contract are the employer and the employee.

Download: employment contract form, sample, form

The Labor Code does not define a specific form or sample of an employment contract, except for microenterprises (from 01/01/2017). New standard form of employment contract for micro-enterprisesapproved by Decree of the Government of the Russian Federation dated August 27, 2016 No. 858 “On the standard form of an employment contract concluded between an employee and an employer - a small business entity that is classified as a micro-enterprise.”The document begins to be valid: 01/01/2017.

Download the form (sample):

Other options for downloading an employment contract (all in word, doc):

The forms are approximate.You can choose the most suitable form. Forms can be adjusted depending on the specific situation and needs. Agreements between individual entrepreneurs (individual entrepreneurs), organizations (LLC, JSC, etc.) and employees are presented. Formsemployment contract with the director, accountant, seller, driver, see this .

New on the topic

New from 04/04/2019: The Ministry of Labor of the Russian Federation, in letter dated 03/07/2019 No. 14-2/B-139, reports that an employer can dismiss an employee upon expiration of the employment contract, even while the employee is on vacation or during a period of temporary disability.

New from 12/28/2018: The Ministry of Labor, in letter No. 14-1/OOG-8602 dated November 12, 2018, reports that payment of wages ahead of schedule does not violate the rights of workers.

New from 12/14/2018: E Rostrud experts report that pOnly a court can recognize a fixed-term employment contract as indefinite (withA fixed-term employment contract is concluded only on the grounds listed in Article 59 of the Labor Code of the Russian Federation.An employment contract concluded for a specific period in the absence of sufficient grounds established by the court is considered concluded for an indefinite period (Part 5 of Article 58 of the Labor Code of the Russian Federation).

New from 12/14/2018: Omsk regionalthe court, in an appeal ruling dated June 27, 2018 in case No. 33-4045/2018, allowed employers not to index employees’ salaries (with regular payment of bonuses, etc.).

New from 12/06/2018: Rostrud experts explain that It is not possible to reduce wages during the probationary period, according to the requirementsPart 3 of Article 70 of the Labor Code of the Russian Federation.

New from 10.30.2018: Rostrud experts in the Rostrud report with guidance on compliance The mandatory requirements of legal acts for the third quarter of 2018 are explained and reported by:

When can the term of an employment contract be extended using an additional agreement?

When an employment contract includes conditions for providing leave;

The position in the employment contract does not always have to correspond to the qualification reference books.

New from 07/31/2018: The Russian Government in Resolution No. 873 dated 07/26/2018 introduced amendments to the standard form of an employment contract with the head of a state (municipal) institution.

New from 03/30/2018: MIntrud of the Russian Federation, in letter No. 14-2/B-191 dated March 21, 2018, clarifies whether numbering of employment contracts in a commercial organization is mandatory, and what numbering system can be used.

New from 03/19/2018: The Ministry of Labor of the Russian Federation, in letter dated 03/05/2018 No. 14-2/B-148, clarified how the personnel registration of workers involved in work for which various restrictions are defined by law is carried out.

New from 01/18/2018:The Ministry of Labor proposed to supplement the standard form of an employment contract with the head of a state (municipal) institution with new responsibilities. Draft resolution: regulation.gov.ru

New from 10/31/2017: The Russian Ministry of Labor, in letter dated 10/18/2017 No. 14-2/B-935, clarifies the procedure for collecting from an employee the amounts spent on his training in the event of early termination of an employment contract.Excerpt: “If dismissed without good reason before the expiration of the period specified in the employment contract or in the agreement on training at the expense of the employer, the employee is obliged to reimburse the costs incurred by the employer for his training.”

New from 10/30/2017: The Ministry of Labor of the Russian Federation, in a letter dated October 19, 2017 N 14-2/B-942, explained whether, when concluding an employment contract with an employee, it is possible to sign a separate agreement, according to which, within a year after dismissal, the employee undertakes not to find employment in competing companies (the Employer does not has the right to restrict the employment of former employees).

New from 10/30/2017: The Ministry of Labor of the Russian Federation, in letter dated October 18, 2017 N 14-2/B-935, clarifies how to terminate an employment contract concluded with a temporary employee while the main employee is on sick leave (when the term of termination of the employment contract is determined by the date on the sick leave).

New from 08/02/2017:

According to Rostrudfor the absence of mandatory conditions in the employment contract (Article 57 of the Labor Code of the Russian Federation "Content of the employment contract") the employer faces a fine. For more details, see the message from Rostrud.

New from 07/13/2017:
The Russian Ministry of Labor, in letter No. 14-1/B-591 dated June 30, 2017, explained which clauses a micro-enterprise can exclude from a standard employment contract. More details on this one.

Commentary on the standard form of an employment contract for micro-enterprises(Source: government.ru)
Resolution No. 858 of August 27, 2016 approved a standard form of an employment contract, including various options for filling out individual terms and conditions. The standard form of an employment contract at micro-enterprises will help the manager conclude it in accordance with the requirements of labor legislation and take into account the features associated with the performance of specific work related to a specific employee.
Prepared by the Ministry of Labor in pursuance of the list of instructions of the President of Russia following the meeting of the State Council on the Development of Small and Medium Businesses, held on April 7, 2015 (No. Pr-815GS dated April 25, 2015, paragraph 4, subparagraph “b”) and for the purpose of implementing the Federal Law of July 3, 2016 No. 348-FZ “On amendments to the Labor Code of the Russian Federation regarding the specifics of regulating the labor of persons working for employers - small businesses that are classified as micro-enterprises” (hereinafter referred to as Federal Law No. 348-FZ).
In accordance with Federal Law No. 348-FZ, an employer, a small business entity classified as a micro-enterprise, has the right not to adopt local regulations containing labor law standards (internal labor regulations, regulations on wages, shift schedules, etc.). At the same time, the terms and conditions that, in accordance with the Labor Code, are regulated by local regulations, must be included in the employment contract, which is concluded on the basis of a standard form approved by the Government of Russia.
The signed resolution approved a standard form of an employment contract, which includes various options for filling out individual terms and conditions. This will ensure flexibility in regulating labor relations, taking into account the specifics of the activities of a particular employer.
The standard contract form includes special conditions applicable to remote and home workers, which are not used in other cases.
The standard form of an employment contract at micro-enterprises will help the manager conclude it in accordance with the requirements of labor legislation and take into account the features associated with the performance of specific work related to a specific employee.
The implementation of the resolution will reduce the volume of document flow and increase the level of protection of the labor rights of workers working for employers - small businesses, which are classified as micro-enterprises.

The employment contract specifies:
last name, first name, patronymic of the employee and name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract;
information about documents proving the identity of the employee and the employer - an individual;
taxpayer identification number (for employers, with the exception of employers - individuals who are not individual entrepreneurs);
information about the employer’s representative who signed the employment contract and the basis on which he is vested with the appropriate powers;
place and date of conclusion of the employment contract.
The following conditions are mandatory for inclusion in an employment contract:
place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area - place of work indicating the separate structural unit and its location;
labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of work assigned to the employee). If, in accordance with this Code and other federal laws, the performance of work in certain positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions, then the names of these positions, professions or specialties and the qualification requirements for them must correspond to the names and requirements specified in qualification reference books approved in the manner established by the Government of the Russian Federation, or the relevant provisions of professional standards;
the date of commencement of work, and in the case where a fixed-term employment contract is concluded, also the period of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with this Code or other federal law;
terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);
working hours and rest hours (if for a given employee it differs from the general rules in force for a given employer);
guarantees and compensation for work under harmful and (or) dangerous working conditions, if the employee is hired under appropriate conditions, indicating the characteristics of working conditions at the workplace;
conditions that determine, in necessary cases, the nature of the work (mobile, traveling, on the road, other nature of work);
working conditions in the workplace;
condition on compulsory social insurance of the employee in accordance with this Code and other federal laws;
other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.
If, when concluding an employment contract, it did not include any information and (or) conditions from those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or for its termination. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by an annex to the employment contract or a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.
The employment contract may provide for additional conditions that do not worsen the employee’s position in comparison with established labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, in particular:
on clarification of the place of work (indicating the structural unit and its location) and (or) the workplace;
about the test;
on non-disclosure of secrets protected by law (state, official, commercial and other);
on the employee’s obligation to work after training for no less than the period established by the contract, if the training was carried out at the expense of the employer;
on the types and conditions of additional employee insurance;
on improving the social and living conditions of the employee and his family members;
on clarification, in relation to the working conditions of a given employee, of the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms;
on additional non-state pension provision for employees.
By agreement of the parties, the employment contract may also include the rights and obligations of the employee and employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and employer arising from the terms of the collective agreement and agreements . Failure to include any of the specified rights and (or) obligations of the employee and employer in the employment contract cannot be considered as a refusal to exercise these rights or fulfill these obligations.

Duration of the employment contract defined in Article 58 of the Labor Code of the Russian Federation
Employment contracts can be concluded:
1) for an indefinite period;
2) for a certain period of not more than five years (fixed-term employment contract), unless a different period is established by this Code and other federal laws. More details in Article 58 of the Labor Code of the Russian Federation

Concept Fixed-term employment contract is introduced in Article 59 of the Labor Code of the Russian Federation.

According to Article 60 of the Labor Code of the Russian Federation Prohibition to demand performance of work not stipulated by the employment contract, except for cases provided for by this Code and other federal laws.

In article 60.1. The Labor Code of the Russian Federation defines the concept Part-time work
An employee has the right to enter into employment contracts to perform other regular paid work in his free time from his main job with the same employer (internal part-time job) and (or) with another employer (external part-time job). The specifics of regulating the labor of persons working part-time are determined by Chapter 44 of this Code.

In article 60.2. The Labor Code of the Russian Federation talks about: Combination of professions (positions). Expanding service areas, increasing the volume of work. Fulfilling the duties of a temporarily absent employee without release from work specified in the employment contract

Article 61 of the Labor Code of the Russian Federation determines:Entry into force of the employment contract

An employment contract comes into force on the day it is signed by the employee and the employer, unless otherwise established by this Code, other federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his authorized representative.
The employee is obliged to begin performing his job duties on the date specified in the employment contract.
If the employment contract does not specify the start date of work, the employee must begin work on the next working day after the contract enters into force.
If the employee does not start work on the start day of work established in accordance with part two or three of this article, then the employer has the right to cancel the employment contract. A canceled employment contract is considered unconcluded. Cancellation of an employment contract does not deprive the employee of the right to receive compulsory social insurance benefits upon the occurrence of an insured event during the period from the date of conclusion of the employment contract until the day of its cancellation.

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